Lafayette, Indiana Criminal Defense Attorneys for Sex Crimes -- Statewide Representation
If you are charged with a sex crime, you need a criminal defense attorney who has experience winning at trial. Sex crimes carry serious penalties, and plea agreements often involve substantial prison time. Attorney Brett Gibson has won acquittal at jury trial in multiple sex crimes cases, including charges of child molesting, sexual misconduct with a minor, and rape. Gibson Law Office has offices in Lafayette, Bloomington, Anderson and Fort Wayne, Indiana with a statewide practice. Our legal team has won acquittal in sex charges in counties that are hours from our office. If you are charged with a sex crime, it is important to seek legal representation immediately. Crucial things can happen early in a case that could make a significant difference in the outcome.
How to Win Acquittal in Child Molesting, Sexual Misconduct, and other Sex Charges in Indiana
Winning acquittal in child molesting and sexual misconduct cases requires strategy and trial experience. What motive does the accuser have to lie? Did an ex-spouse encourage a false story? Could you merely be an innocent but disliked step-parent? Could there be a different perpetrator that the accuser is afraid to identify? Is there any actual proof that a sex act occurred? Who are the witnesses? A skilled criminal defense attorney can find these answers by taking pre-trial depositions. In Indiana, a criminal lawyer can place the State’s witnesses under oath and question them prior to trial. This is often the first time the accuser’s story has been challenged. It also provides a transcript that can be used for trial strategy and cross-examination.
What are the Penalties for Child Molesting and Sexual Misconduct in Indiana?
Sex crimes carry serious penalties, which is why jury trial must be an option. Sex crimes also result in a sex offender registration. The offense level for sex crimes in Indiana is:
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Child Molesting: Level 3 felony, but elevates to a Level 1 felony if commited by a person at least 21 years of age
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Sexual Misconduct with a Minor: Level 5 Felony, but elevates to a Level 4 felony if committed by a person at least 21 years of age.
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Rape: Level 3 Felony, but elevates to a Level 1 Felony is committed by using or threatening deadle force
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Child Exploitation: Level 5 felony
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Child Pornography: Level 6 felony
Evidence and Polygraph Examinations
Sex crimes may involve forensic evidence, such as DNA or a rape kit; or, the evidence may merely consist of the alleged victim’s statement. Police investigations into sex crimes almost always begin with an attempt to get the accused to submit to a polygraph examination. Although polygraph examinations are highly unreliable and generally not admissible in court, police will try to persuade an accused person that the polygraph
is a way to prove their innocence. Nothing could be further from the truth. If you are accused or charged with a sex crime, you should never submit to a polygraph examination. It is almost never in the best interest of a person accused of a sex crime to give a statement at any time prior to a trial.
Many polygraph examinations will report "Inconclusive, indicative of deception." Thus, even if the polygraph exam determines the results are "inconclusive", it will still be used to make a defendant look guilty. Polygraphs are almost always administered by a law enforcement agency that has incentive to build evidence of guilt.
Most sex crimes are based on the credibility of the accuser and defendant. You cannot prove your innocence by submitting to a polygraph. It is merely a tool to try to convict you.
Lawyers for Sex Crimes Defense in Lafayette, Bloomington, Anderson and Fort Wayne, Indiana
Gibson Law Office has a statewide practice with offices in Lafayette, Bloomington, Anderson and Fort Wayne, Indiana. If you need a criminal defense attorney who has won acquittal at jury trial in child molesting, sexual misconduct with a minor, and rape charges, call us today for a free initial consultation. At our meeting, we will discuss the facts of your case and how to develop an aggressive strategy to defend you.